In Gurugram, contractual workers grapple with livelihood issues
Chakmas in Arunachal approach NHRC for help
Mahatma’s favourite hymn out of Beating Retreat list
GS-2
All-party meeting on inter-State water disputes in Feb.: Bommai
Cong.’s Aligarh candidate slapped with Goondas Act
Deadly fighting between IS, Kurd forces in Syria
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Kerala gets its first ever scientific bird atlas
Two species of fungi associated with basal stem rot found
India’s reliance on Chinese goods surged in 2021
In Gurugram, contractual workers grapple with livelihood issues
Note: There was a question on Gig Workers in Mains so focus on differences between Gig, Unorganised, Contractual, Temporary etc
Room rents, school fees, prices of cooking gas, groceries and vegetables have increased substantially in the last two years. But the monthly income of Kiran, a contractual worker with an auto company in Khandsa village here, has dwindled since the COVID-induced lockdown in March 2020.
To make both ends meet, she has stopped sending her 11-year-old son for private tuitions, and reduced the family’s monthly consumption of milk and vegetables.
“ Ab Babu ko doodh nahi deti. Pehle, hafte mein do baar paneer banta tha, ab to kabhi-kabhi sabzi bhi naseeb nahi hoti (I have stopped giving milk to my son. Earlier we ate cottage cheese twice a week, now we cannot afford even a vegetable dish some days),” rues Kiran, a migrant worker from Saharanpur, U.P.
Residing in Gurugram for the past five years, her wages have gone down while her workload has increased. “The supervisor doesn’t allow enough time to finish meals and for tea breaks. If we get delayed even by five minutes, half-a-day’s wages are deducted. The situation is bad and I don’t feel like going to work in the mornings, but there is no option,” says the 35-year-old.
Daily wagers in the garment industry, Bimla and her husband have been without a job for two months. “We are turned away wherever we go seeking a job. Before the lockdown, it was never so difficult to find employment. We don’t have a ration card either and often we and our three children are forced to starve. I borrowed money from an uncle to pay this month’s rent,” says the Kanpur native.
No overtime
Contractual workers across the garments and automotive sector in Gurugram are struggling. Anita Yadav of Gurgaon Mahila Kamgaar Sangathan says the daily wagers — earning anything between Rs. 11,000 and Rs. 13,000 a month — have been hit badly since the first lockdown.
The fall in production due to lack of demand means no overtime wages, which constituted 25-30% of the monthly income of the workers, and no increase in regular wages as well for the past two years.
The provident fund of most of the workers hired over the past two years is not deducted, while many are not even being paid the mandatory minimum wages.
Insight:
Contract Labour: -
Contract Labour is one of the acute forms of unorganized labour. Under the system of contract labour workers may be employed through contractor on the contract basis. Workmen shall be deemed to be employed as “contract labour” or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer.
In this class of labour the contractors hire men (contract labour) who do the work on the premises of the employer, known as the principal employer but are not deemed to be the employees of the principal employer. The range of tasks performed by such contract workers varies from security to sweeping and catering and is steadily increasing.
It has been felt, and rightly too, that the execution of a work on contract through a contractor who deployed the contract labour was to deprive the labour of its due wages and privileges of labour class.
The contract worker is a daily wager or the daily wages are accumulated and given at the end of the month. The industries justify contract labour on the grounds that the requirement is temporary or seasonal. Nonetheless, there are ready instances of contract labour being deployed for tasks as security, sweeping and cleaning, though it is difficult to comprehend how these tasks are temporary and do not justify full time regular employees. The managements try to by-pass the provisions of social legislations unless they are legally trapped or forced by circumstances, while the judiciary has always upheld the concept of social justice, dignity of human rights and worker’s welfare.
Contract Labour in India:-
The system of employing contract labour is prevalent in most industries in different occupations including skilled and semi-skilled jobs. It is also prevalent in agricultural and allied operations and to some extent in the services sector.
A workman is deemed to be employed as Contract Labour when he is hired in connection with the work of an establishment by or through a contractor. Contract workmen are indirect employees; persons who are hired, supervised and remunerated by a contractor who, in turn, is compensated by the establishment.
Contract labour has to be employed for work which is specific and for definite duration. Inferior labour status, casual nature of employment, lack of job security and poor economic conditions are the major characteristics of contract labour.
While economic factors like cost effectiveness may justify system of contract labour, considerations of social justice call for its abolition or regulation. The condition of contract labour in India was studied by various Commissions, Committees, and also Labour Bureau, Ministry of Labour, before independence and after independence. All these have found their condition to be appalling and exploitative in nature.
The Supreme Court of India in the case of Standard Vacuum Refinery Company Vs. their workmen observed that contract labour should not be employed where: —
The work is perennial and must go on from day to day;
The work is incidental to and necessary for the work of the factory;
The work is sufficient to employ considerable number of whole time workmen; and
The work is being done in most concerns through regular workmen.
Status of Contract Labourers:-
The practice of employing labour through contractors and other agencies, thus, avoiding the direct nexus between the employers and their workmen, was very common. Thus, entire factories were farmed out to contractors requiring them to produce the goods in such factories through machinery owned by the employers, and thereafter, the goods were marked under the employer’s brand name.
This ensured that the workmen were paid much lower wages than they would be entitled to under direct employment. This system led to whole-scale exploitation of labour, and a series of demands were made before tribunals for the abolition of contract labour system.
The tribunals entertained the claims, and in many cases, granted the demands through their awards. In case of Standard Vacuum Refining Co. of India Ltd. v. Workmen, a leading case on the subject, the Supreme Court upheld the right of workmen to seek abolition of contract labour on behalf of the contractors’ workmen, and enumerated some of the circumstances in which such abolition can be directed.
There was considerable agitation by the workmen and their unions for the abolition of contract labour, especially in certain cases where it was absolutely necessary to regulate the terms and conditions of service under which such labour could be employed. Thus the Contract Labour (Regulation _amp; Abolition) Act 1970, was passed by the Parliament and ame into force on September 1970.
The Contract Labour (Regulation _amp; Abolition) Act 1970:-
In India, contract labourers are protected by the Contract Labour Regulation and Abolition Act, 1970. A contract labourer is defined in the Act as one who is hired in connection with the work of an establishment by a principal employer through a contractor.
Contract workers need to be paid as per the minimum wage act. For the health and welfare of contract labourers certain provisions have been made mandatory by the Contract Labour Act such as safe drinking water, canteen facilities, first aid facilities etc. Social security covers in terms of provident fund benefits and medical facilities need to be also given to the contract employees.
Constitutional Validity of the Act:-
The benefits conferred by the Act and the rules are in their nature, social welfare legislative measures. There is a rational relation between the impugned Act and the objects to be achieved, and the provisions are not in excess of those objects. There is no violation of Article 14. The application of the Act does not amount to an unreasonable restriction on the rights under Art 19(1)(g). Moreover, the Contract Labour (Regulation _amp; Abolition) Act 1970 is not a complete code on contract labour.
Chakmas in Arunachal approach NHRC for help
People of two Arunachal Pradesh villages facing displacement by oil drilling projects are being denied compensation, the National Human Rights Commission has been told.
In a complaint to the apex rights body on Saturday, the New Delhi-based Chakma Development Council of India (CDFI) said Oil India Limited has resorted to coercion to deny compensation to the inhabitants of two villages in the Changlang district.
The oil major has undertaken drilling work in the Mudokka Nallah and Sompoi-II villages dominated by the Chakma and the Deori communities respectively.
“Both are recognised villages according to the gazette notification issued by the Arunachal Pradesh government and the communities are owners and occupants of the lands. But the local authorities and the OIL have been using third parties to coerce the poor affected families to accept a [nominal] package without any formal process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,” the CDFI said in a statement.
“If any attempt is made by the Ministry of Petroleum and Gas, the OIL and the State government to evict the Chakmas without invoking the Right to Fair Compensation Act in clear violation of the Supreme Court direction, it becomes the responsibility of the NHRC to initiate contempt proceedings,” said Suhas Chakma from the foundation.
Insight: About Chakma and Deori Communities
The Chakma people are a tribal group from the eastern-most regions of the Indian subcontinent. They are the largest ethnic group in the Chittagong Hill Tracts region of southeastern Bangladesh, and the second-largest in Mizoram, India (Chakma Autonomous District). Other places in Northeast India also have significant Chakma populations. Around 10,0000 Chakmas live in Arunachal Pradesh, India; a first generation migrated there in 1964 after the Kaptai Dam tragedy. Also, 40,000-50,000 Chakmas live in Tripura, India, and 20,000-30,000 in Assam, India.
The Chakma are genetically and phenotypically linked with the peoples of East Asia, but the Chakma language is part of the Indo-Aryan language family of the Indian subcontinent, and closely related to the Bengali language predominant near the areas in which they live. Most Chakma people today adhere to Theravada Buddhism, due to 19th-century reforms and institutionalization by Queen regnant Rani Kalindi. In Myanmar, Chakma people are known as Daingnet people. Some Bengalis with East Asian features self-identify as having some Chakma heritage.
Deori Community
The Deori are one of the major indigenous communities of Assam and Arunachal Pradesh. and are commonly associated with Bodo-Kachari group. They historically lived in the area of Sadiya, Joidaam, Patkai foothills and in the upper plains or also called as the hinterland of the Brahmaputra Valley.
Concrete documented records about the history of the tribe is very limited. Scanty information was found in few books and official records. The Deori community belongs to the Sino-Tibetan language family.
?In ancient times, the Deoris served as priests of Chutia community. In the British census reports, the Deoris were termed as Deori-Chutias. The community has maintained their racial traits, language, religion, folktales and traditional beliefs through the centuries.
Mahatma’s favourite hymn out of Beating Retreat list
The traditional Christian hymn ‘Abide with me’, a favourite of Mahatma Gandhi, has been dropped from the list of tunes for this year’s Beating Retreat ceremony. The tune had been played at the annual ceremony every year since 1950.
‘Abide with me’ is played by the Massed Bands at the end of the ceremony and this year there are three tunes without it instead of the four tunes played last year including the Hymn.
The three tunes to be played by Massed Bands this year are ‘Kadam kadam badhaye ja’, ‘Drummers call’ and ‘Ae mere watan ke logon’. In contrast, the four tunes last year were ‘Bharat ke jawan’ (new composition last year), Kadam kadam badhaye ja’, ‘Drummers call’ and ‘Abide with me’
Beating Retreat
Beating Retreat is a centuries old military tradition going back to the days when troops disengaged from battle at sunset. As soon as the buglers sounded the ‘retreat’, troops ceased fighting, sheathed their arms and withdrew from the battlefield.
“It is for this reason that the custom of standing still during sounding of the ‘retreat’ has been retained to this day. Colours and Standards are cased and flags lowered at ‘retreat’,” a Defence Ministry brochure on Beating Retreat explained.
Abide with Me
‘Abide with Me’ was written in the 19th century by Scottish poet Henry Francis Lyte and composed by William Henry Monk. Beating Retreat is performed every year on the evening of January 29 at Vijay Chowk in the national capital and marks the end of the Republic Day celebrations.
All-party meeting on inter-State water disputes in Feb.: Bommai
The State Government has decided to convene an all-party meeting in the first week of February in Bengaluru to discuss and decide on the future course of action to safeguard Karnataka’s interests in inter-State water sharing disputes, especially in the light of the Tamil Nadu Government’s move to utilise excess water in the Cauvery basin and its opposition to the State’s balancing reservoir project at Mekedatu.
Insight:
The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under Article 262 of Constitution of India on the eve of reorganization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley.
Article 262 of the Indian Constitution provides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments._nbsp; This Act further has undergone amendments subsequently and its most recent amendment took place in the year 2002.
River waters use / harnessing is included in states jurisdiction (entry 17 of state list, Schedule 7 of Indian Constitution). However, union government with parliament approval can make laws on regulation and development of inter-State rivers and river valleys to the extent such water resources are directly under its control when expedient in the public interest (entry 56 of union list, Schedule 7 of Indian Constitution).
Damodar Valley Corporation, NHPC, River Boards Act 1956, etc under the control of union government, are referable to entry 56 of the union list. When union government wants to take over an interstate river project under its control by law (as provided in the constitution) from States per entry 56 of the union list, it has to take approval of the riparian states legislature assemblies before passing such bill in the Parliament per Article 252 of the constitution.
When public interest is served, President may also establish an interstate council as per Article 263 to inquire and recommend on the dispute that has arisen between the states of India.
IRWD Act (section 2c2) validates the previous agreements (if any) among the basin states to harness water of an interstate river/ river valley. This act is confined to states of India and not applicable to union territories. Only concerned state governments are entitled to participate in the tribunal adjudication and non-government entities are not permitted.
Any river water sharing treaty made with other countries, has to be ratified by the Parliament per Article 253 after deciding the share of the Indian riparian states per Article 262 to make the treaty constitutionally valid or enforceable by the judiciary as India follows dualist theory for the implementation of international treaties/laws.
Indian government has signed Indus Waters Treaty with Pakistan, Ganga water sharing treaty with Bangladesh, etc. without the ratification by the Parliament and the consent of concerned riparian states per Article 252.
Cong.’s Aligarh candidate slapped with Goondas Act
The Aligarh district administration has issued an externment order against Aligarh Muslim University (AMU) student leader Arif Tyagi, banning him from the district for six months under the UP Control of Goondas Act. The order was issued last week but Tyagi on Friday said that he received it two days ago.
Six cases were lodged against the 27-year-old final-year postgraduate student at the Civil Lines police station between 2018 and 2020 on several charges, including under IPC Section 153A (promoting enmity between two groups). A police officer said charge sheets had been filed in two cases while the investigation was on in the rest.
Insight:
The Goondas Act, first enacted in 1923 in Bengal, lives on in nine states in India, one in Pakistan and across Bangladesh. The law was initially intended to prevent habitual defenders from repeating their crimes through preventive detention. Typical versions of the law today allow the police to keep people in jail for up to a year, with reviews every three months.
The Islamic State (IS) group unleashed its biggest attack in Syria since the fall of its “caliphate” three years ago. More than 100 militants assaulted the main prison holding suspected extremists, sparking a battle with U.S.-backed Kurdish fighters that continued 24 hours later and left dozens dead on Friday.
Across the border in Iraq, gunmen stormed an Army barracks north of Baghdad before dawn on Friday while soldiers inside slept, killing 11 before escaping — the deadliest attack in months on Iraq’s military.
The bold assaults suggest militants have been revitalized after maintaining a low-level insurgency in Iraq and Syria over the past few years. The group’s territorial control in Iraq and Syria was crushed by a years-long U.S.-backed campaign, but its fighters continued with sleeper cells that have increasingly killed scores of Iraqis and Syrians in past months.
The attack in Syria targeted Gweiran Prison in the northeastern city of Hassakeh, the largest of around a dozen facilities run by U.S.-backed Syrian Kurdish forces holding suspected IS fighters.
Kerala gets its first ever scientific bird atlas
The Kerala Bird Atlas (KBA), the first-of-its-kind state-level bird atlas in India, has created solid baseline data about the distribution and abundance of various bird species across all major habitats giving an impetus for futuristic studies.
Conducted as a citizen science-driven exercise with the participation of over 1000 volunteers of the bird watching community, KBA was prepared based on systematic surveys held twice over 60 days a year during the wet (July to September) and dry (January to March) seasons between 2015 and 2020.
KBA accounted for nearly three lakh records of 361 species, including 94 very rare species, 103 rare species, 110 common species, 44 very common species, and 10 most abundant species. “KBA offers authentic, consistent and comparable data through random sampling from the geographical terrain split into nearly 4000 grids. We are in the process of bringing out papers on interesting trends based on a deep scientific analysis of solid data besides making futuristic predictions. It would be exciting to undertake a similar exercise between 2025 and 2030 giving an insight into the changes in the decade since the first KBA,” said P.O. Nameer, one of the State level coordinators of KBA.
It is arguably Asia’s largest bird atlas in terms of geographical extent, sampling effort and species coverage derived from the aggregation of 25,000 checklists. It was found that the species count was higher during the dry season than in the wet season while species richness and evenness were higher in the northern and central districts than in the southern districts.
Most of the endemics were concentrated in the Western Ghats while the threatened species were mostly along the coasts. The KBA is considered to be a valuable resource for testing various ecological hypotheses and suggesting science-backed conservation measures.
Two species of fungi associated with basal stem rot found
Researchers from Kerala have identified two new species of fungi from the genus Ganoderma that are associated with coconut stem rot. They have also genotyped the two fungi species, named Ganoderma keralense and G. pseudoapplanatum and identified genetic biomarkers.
The DNA barcodes have been made publicly available in DNA sequence repositories so that future studies can use it for early detection of the pathogen. The research was published in the journal Mycologia.
What is Basal stem rot
The butt rot or basal stem rot of coconut is known by several names in different parts of India: Ganoderma wilt (Andhra Pradesh), Anaberoga (Karnataka) and Thanjavur wilt (Tamil Nadu), to mention a few.
The infection begins at the roots, but symptoms include discolouration and rotting of stem and leaves. In the later stages, flowering and nut set decreases and finally the coconut palm (Cocos nucifera) dies.
A reddish-brown oozing is seen. This oozing has been reported only in India. Once infected, recovery of the plants is not likely. Not surprising then, that this causes a huge loss: By some estimates made in 2017, in India, around 12 million people are said to depend on coconut farming.
India’s reliance on Chinese goods surged in 2021
India imported $16 billion more of its key top 100 imports from China in the last year, an increase of almost two-thirds from the previous year, an analysis of trade figures shows, underlining deepening dependencies on many crucial imports.
India’s total imports from China crossed a record $97.5 billion last year, making up a large chunk of the bilateral trade that reached $125 billion, for the first time crossing the $100 billion-mark, figures released earlier this month by China’s General Administration of Customs (GAC) showed.
Of the 8,455 different types of items imported from China between January and November of last year, a staggeringly diverse list covering everything from a range of chemicals and electronics to auto components and textiles, 4,591 showed an increase, according to an analysis of India’s Ministry of Commerce data.
The top 100 items by value accounted for $41 billion, up from $25 billion in 2020, according to a study of the numbers by Santosh Pai, an Honorary Fellow at the Institute of Chinese Studies in New Delhi. Most of the top 100 items — each of which accounted for more than $100 million in trade, and included a range of electronic products, chemicals, and auto components — showed sharp growth. The list included both finished and intermediate goods.
Of the former category, integrated circuits were up by 147%, laptops and personal computers by 77%, and oxygen therapy apparatus by more than fourfold.
Intermediate products, particularly chemicals, also recorded striking growth. One of those, acetic acid, was up by more than eightfold.
Why?
Among the reasons for the rising imports are a recovery in domestic demand for finished products from China, and an industrial recovery. Growth in India’s exports worldwide has also pushed up the need for many crucial intermediate inputs, and disruptions elsewhere have led to greater sourcing from China in the short-term, for instance in the case of coking coal previously sourced from Australia and Indonesia.
India’s record imports from China in 2021, amid a continuing political impasse over the as-yet-unresolved crisis along the Line of Actual Control (LAC), have reignited a debate on whether the trade relationship and a growing deficit is sustainable. In the past 12 months, according to GAC data, the value of India’s imports exceeded total two-way trade in 2019 before the pandemic.
